InceptionYou

Introduction to InceptionYou’s Terms of Service

Below are InceptionYou’s Terms of Service. We understand it is a lot of information, but we want you to have as much knowledge about our Services and what we do to provide them as possible. At InceptionYou, we do not want you to guess what our Services are, or the terms and conditions that apply to them. We strongly encourage you to read these Terms of Service thoroughly and completely, as they are legally binding on you, they make up an important part of the agreement between us, and you are agreeing to proceed under and in accordance with them. 

Each time you engage us to provide the Services, or access or use our Platform, our Website or other  functionality or service provided or offered to you by InceptionYou, including any application and  browser extension or plugin, regardless of where it is downloaded, and any software, service, feature,  product, program and element (including e-mail messages, notifications, and other messages)  provided by the Platform, on behalf of InceptionYou or in connection with our Services (collectively,  our “Site”), including any products, programs, and services described in these Terms of Service, you  represent that (a) you have read and understand our Privacy Policy, and Terms of Use (Appendix B);  and (b) you are agreeing to these Terms of Service, in addition to the Agreement you have entered into  with us, each as then in effect and as may be modified or amended from time to time. 

These Terms of Service hereby incorporate by this reference any additional terms and conditions  posted by InceptionYou through the Site, or otherwise made available to you by InceptionYou,  including the Privacy Policy, and Terms of Use (Appendix B) each as then in effect and as may be  modified or amended from time to time, and are expressly made a part of and are incorporated by  reference into your Agreement.  

All capitalized terms used but not defined in these Terms of Service, are defined in your Agreement, or such other place as directed herein or therein. 

Definitions. 

“Account” means either a Client Account or a Candidate Account. 

“Affiliate” means any Person, through one or more intermediaries, controlling, controlled by, or under common control of another Person. The term “control”, as used in the immediately  preceding sentence, means, with respect to a corporation the right to exercise, directly or  indirectly, more than 50% of the voting rights attributable to the controlled corporation, and,  with respect to any individual, partnership, trust or other entity, the possession, directly or  indirectly, of the power to direct or cause the direction of management or policies thereof. 

“Agreement” means the applicable Client Services Agreement, Candidate Services Agreement or Advertising Services Agreement. 

“AI-Generated Content” has the meaning given to such term in Section 5.11. 

“Background Check” means such pre-Engagement background check performed by a Client on a Match, as may be allowed by law, including education verification, work history verification, criminal background checks, industry-specific checks, qualifications and certifications, and reference checks. 

“Candidate” means any Person that is a healthcare clinician and engages InceptionYou to provide the Services by executing a Candidate Services Agreement and, except where context or usage dictates otherwise, its Affiliates and their respective Personnel. 

“Candidate Account” means an account created on the Platform by a Candidate for the purpose of creating a Profile and finding a Match for one or more Job Opportunities.  

“Candidate Match Criteria” means the criteria required by a Candidate for the Candidate to agree to fill a Job Opportunity, including the location, duration, specialty and Total Estimated Compensation,

 and any other criteria required to be entered by the Candidate, as prompted by the Platform. 

“Candidate Services Agreement” means the written agreement entered into between a Candidate and InceptionYou regarding the Services.  

“Chosen Candidate” means each Candidate chosen by the Client to enter into an Engagement. 

“Client” means any Person that is a healthcare facility and engages InceptionYou to provide the Services by executing a Client Services Agreement and, except where context or usage dictates otherwise, its Affiliates and their respective Personnel. 

“Client Account” means an account created on the Platform by a Client. 

“Client Match Criteria” means the criteria required by a Client in order to fill a specific Job Opportunity, including the location, duration, specialty and Total Estimated Compensation, and any other criteria required to be entered by the Client, as prompted by the Platform. 

“Client Services Agreement” means the written agreement entered into between a Client and InceptionYou regarding the Services. 

“Confidential Information” means any information about InceptionYou and its business activities that is proprietary and confidential, which shall include (a) all business, financial, technical, statistical, and other information (including traffic and trends) related to the Services, 

the Advertising Services, the Platform, or the Site, (b) all software, technology, programming,  specifications, materials, guidelines and documentation relating to the Services, the  Advertising Services, the Platform, or the Site, (c) click-through rates or other performance  statistics relating to the Services, the Advertising Services, the Platform, or the Site, (c) any  information marked or designated by InceptionYou as “confidential” or “proprietary,” or a similar  designation, and (d) any information which, by the nature of the circumstances surrounding the  disclosure, the receiving party ought to recognize as confidential. 

“Engagement” means the engagement of any Candidate (whether a Match or otherwise) by a Client to fill a Job Opportunity, whether as an employee, consultant, independent contractor or otherwise, and whether on an employed or self-employed basis. 

“InceptionYou” means InceptionYou, LLC, a Nevada limited liability company and, where applicable by context or usage, its Affiliates and their respective Personnel.  

“Job Posting” means the job posting generated by the Platform for each Job Opportunity. “Job Opportunity” means each job opportunity submitted by a Client through the Platform. 

“Match” means each Candidate that is a Match for a Job Opportunity, as determined based on the Match Criteria. 

“Match Criteria” means the Client Match Criteria and the Candidate Match Criteria. 

“Person” means any individual, partnership, corporation, limited liability company, trust, joint stock company, business trust, unincorporated association, joint venture, governmental authority or other legal entity of any nature whatsoever. 

“Personnel” means with respect to a Person any agent, employee, officer, director, manager, partner, shareholder, and member, and any contractor or subcontractor engaged or appointed by such Person. 

“Platform” means the online platform (website through which InceptionYou provides the Services) InceptionYou.com 

“Preliminary Screening” means the initial identity, education, work history and certification verification performed by InceptionYou on each Candidate, through a third-party provider of such services. 

“Profile” means the profile created by a Candidate as part of the Candidate Account, containing the Candidate Match Criteria.  

“Privacy Policy” means InceptionYou’s Privacy Policy. 

“Services” means the services provided by InceptionYou to Candidates and Clients, in matching Candidates with Job Opportunities on a temporary, or locum tenens, basis. 

“Service Fee” shall have the meaning given to such term in the applicable Candidates Service Agreement, Client Services Agreement or Advertising Services Agreement. 

“Site” has the meaning given to such term in the Introduction.

“Subscription” has the meaning given to such term in Section 5.6. 

“Terms of Service” means these Terms of Service, together with the applicable Client Services  Agreement, Candidate Services Agreement or Advertiser Services Agreement, and any  additional terms and conditions posted by InceptionYou through the Site, or otherwise made  available to Users by InceptionYou, including the Privacy Policy, and Terms of Use, Appendix B  each as then in effect and as may be modified or amended from time to time. 

“Terms of Use” means InceptionYou’s Terms of Use (Appendix B) governing the use of the Site, including the Website.  

“Total Estimated Compensation” means the total amount of compensation the Client  estimates will be paid to the Chosen Candidate during the Engagement, including base salary,  allowances, one-off payments (including any relocation allowances or payments), bonuses,  profit share payments, living or accommodation allowances or payments, travel allowances or  payments, car allowances, stock options that can be exercised within the first twelve months of  the Engagement (which shall be valued at the difference between the option price and the  closing mid-market price on the business day immediately preceding the day that the Chosen  Candidate commences the Engagement) and any other contractual benefits which form part of  the total remuneration package or other taxable benefit offered to the Chosen Candidate. 

“User” or “Users” means, individually or collectively, each Client, Candidate, Advertiser, and  any Person (and, except where context or usage dictates otherwise, such Person’s Affiliates and  their respective Personnel) that provides User Content or that otherwise uses or accesses the  Services or the Site or (in the case of Advertisers) provides any product, service of functionality  offered, made available or accessible through the Site.  

“User Content” has the meaning given to such term in Section 3.1. 

“Website” means InceptionYou.com. 

Terms of Service for Clients. The following terms and conditions apply to all Clients, any Affiliate of a Client and any of their respective Personnel that access or use the Site at their request or on their behalf for purposes of providing information regarding job opportunities, gaining access to Candidates, identifying Matches, or otherwise in respect of the Services. 

2.1 General Terms and Conditions.  

When a Client signs a Client Service Agreement, creates an Account, uses the Services, or otherwise accesses or uses the Site, or any content thereon or functionality thereof, the Client agrees that these Terms of Service apply to the Client. 

When a Client creates an Account, InceptionYou may require the Client to verify its identity via a third-party service (“Third Party Verification Service”). When using a Third-Party Verification Service, the Client will be providing information to the Third-Party Verification Service and engaging with them directly. The Client agrees that the Third-Party Verification Service is solely responsible for any collection, use, storage, processing, or loss of data the Client provides to them, and any legal obligations related to such activities, including the capture or storage of any biometric identification or biometric identifiers. InceptionYou does 

not collect any biometric information or biometric identifiers or receive any biometric information or biometric identifiers from any Third-Party Verification Service. 

When a Client accesses or uses the Site through its Personnel, or if the Client’s Personnel create an InceptionYou Account on behalf of the Client, such Personnel and the Client represent and warrant that such Personnel have the authority to bind the Client to these Terms of Service.  When any Personnel creates an Account on behalf of the Client, the Account belongs to the Client.  

Each Client represents and warrants that its account is for business use and not for personal use. InceptionYou is not responsible for and disclaims all liability if the Client’s account is used improperly or falsely by the Client, its respective Personnel, or a third party. By registering for an Account, the Client agrees to receive mandatory updates, including by email, regarding activity in such Account. If the Client or any of its Personnel attempt to send an email from a name or email address that is not true, accurate, current or complete, InceptionYou reserves the right to remove or block such email, and attempting to send such an email is a violation of the Terms of Use and the Terms of Service.  

If a Client’s InceptionYou account has a credit card or other payment method on file, such as bank account information for Automatic Clearing House (“ACH”) payment, InceptionYou may charge that payment method for any Service Fee or other product or service the Client orders, and for any outstanding payment or fee, including to correct billing errors. 

InceptionYou may offer suggestions, recommendations, or information to Users that may support or improve their experience on the Site. The Client understands that these offerings are provided as a courtesy and without warranty, and the use of such information is at the Client’s sole discretion and risk. The Client is responsible for its use of the Site and any tools offered  therein, including decisions regarding the contents of any Job Opportunity and Job Posting, any  Match Criteria, compliance with applicable laws, including relevant federal, state, and local  laws related to Job Opportunities or Job Postings, and who the Client chooses to enter into an  Engagement with or to fill a Job Opportunity. InceptionYou assumes no responsibility and disclaims all liability for any actions InceptionYou takes based on information provided by the Client, or that the Client takes based on information provided by InceptionYou. InceptionYou  may limit the Client’s ability to submit a Job Opportunity, or may limit the visibility of the Client’s  Job Opportunity, if it does not appear to comply with minimum wage laws, wage transparency  laws, or other applicable law; provided, however, that InceptionYou is not responsible for, and  the Client is solely responsible for, compliance with minimum wage laws, pay transparency  laws and other legal requirements. 

The Client agrees that InceptionYou is not responsible for maintaining or storing employment records, job application materials or any other Client data on the Client’s behalf, and that the Client is responsible for its own compliance with any applicable record, data retention and other applicable legal requirements. 

2.2 Creating Account; Submission of Job Opportunity. Once the Client has executed a Client Service Agreement, InceptionYou will provide the Client with access to the Platform to create an Account and, thereafter, the Client may 

from time to time submit one or more Job Opportunities.  

For each Job Opportunity, the Platform shall generate one Job Posting, and the Client is responsible for providing all Client Match Criteria, as prompted, with respect to that Job Opportunity.  

All Client Accounts and Job Opportunities, and the Client’s use of the Platform and the Site at all times shall be in accordance with these Terms of Service and the Terms of Use. The Client is responsible for (and all information contained in) its Account, Client Match Criteria, Job Opportunities and Job Postings, and any other content the Client uploads to or provides on the Site, as well as for all communications with a Candidate, and all determinations the Client makes regarding a Candidate or an Engagement. The Client agrees that InceptionYou is not responsible for such information, Job Opportunities, Job Postings, content, communications, criteria or determinations, and InceptionYou disclaims all liability for the same, including as to whether it or its use by the Client complies applicable laws. 

By creating a Job Opportunity, the Candidate is authorizing InceptionYou to make create a Job Posting from the information in such Job Opportunity, for purposes of finding a Match with respect to such Job Posting. Each Client is responsible for keeping their Account and each Job Opportunity created by the Client accurate and up to date. 

Candidate Profiles are created and provided by third parties over whom InceptionYou exercises no control. Each Client acknowledges and understands that InceptionYou has no control over the content or the accuracy of any Profile, or any conditions such third parties might impose with respect to an Engagement, and that InceptionYou does not engage directly with the Candidate that created the Profile, other than facilitating entry of the Candidate Match Criteria through the Platform. 

InceptionYou cannot confirm the accuracy or completeness of any Profile, Candidate Match Criteria, or other information submitted by any User, and InceptionYou cannot provide the identity of any User, absent a Match, at which time the identity of the applicable Candidate(s) will be provided to the Client through the Platform. InceptionYou assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, of any Profile, Candidate Match Criteria, or other information submitted or posted by any User. 

2.3 Matches; Responsibility for Engagement of Candidates.  

(a) Based on the Match Criteria, the Platform will direct to the Client, all Candidates that are a Match. 

(b) The Client agrees that the Services in general and a Match in particular are  tools intended to allow the Client to more efficiently connect with Candidates as they determine,  and that any screening of Candidates in order to find a Match and any flag or other indication that  a Candidate is a Match or otherwise indicating a Candidate’s interest in any Job Opportunity is  based on information provided to InceptionYou from the Client and from the Candidate,  respectively. The Client further agrees that any indication that a Candidate is a Match, or that the Candidate is interested in any Job Opportunity, is not a recommendation from InceptionYou that any Candidate is qualified for such Job Opportunity. Whether a Candidate is qualified or 

appropriate for a particular Job Opportunity, or can perform any particular Job Opportunity safely, is solely the decision of the Client.  

(c) The Client understands and agrees that it is the Client’s sole responsibility to decide whether to enter into an Engagement with any Candidate, and that responsibility for any issue arising from an Engagement is solely with the Client. The Client shall not use any indication that a Candidate is a Match, that the Candidate is interested in any Job Opportunity, or any other information regarding a Candidate provided to the Client by InceptionYou, the Platform or the Site, as the sole basis for the Client’s decision to enter into an Engagement with any Candidate.  

(d) The Client may see a verification of a Candidate’s skills, education, certifications, or other qualifications when a Match is communicated to the Client, in connection with a Preliminary Screening, or in connection with another product or service on the Site. InceptionYou disclaims any responsibility or liability for and does not guarantee the accuracy of any such verification or information, and the Client is solely responsible for verifying all information on the Site and all information regarding the Candidate and the Candidate’s skills, education, certifications, eligibility and other qualifications. 

(e) The Client acknowledges and agrees that InceptionYou, in providing the Services, including the Platform and the Site, is not acting as an employment agency for the Client or any Candidate. 

(f) The Client agrees that any rights a Candidate has with respect to any Job Opportunity or Engagement under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Client and not against InceptionYou. 

(g) InceptionYou is not a third-party beneficiary of or liable for any agreement between a Candidate and the Client, regardless of whether or not InceptionYou receives a Service Fee or other remuneration from the Client in connection with the transaction. InceptionYou will not be liable for any costs, damages or other losses arising out of or related to such transaction. 

2.4 Background Checks; Pre-Engagement Screening or Testing. The  Client is responsible for any Background Check, the scope of which is determined  solely by the Client, as well as any other pre-Engagement screening or testing, (i)  as may be required by law, including Form I-9 verification and related  recordkeeping, and (ii) as may be desired by the Client, in compliance with  applicable law. In addition, the Client is responsible for confirming a Candidate’s eligibility to work in the United States, including the status and applicability of any work visa or other work authorization. 

2.5 Matches and Responsibility for Engagement. The Client agrees that the Client shall be solely responsible for determining whether or not to enter into an Engagement with a Candidate, and for entering into a written agreement memorializing the terms and conditions of the Engagement as agreed between the Client and the Candidate; provided however, that any such written agreement 

shall not modify the Match Criteria in any way. The Client further agrees that the Client shall be solely responsible for determining which Candidates qualify for any specific Job Opportunity, including any results or determinations that are considered to have a “disparate impact” as defined under applicable law. 

(a) The Client shall confirm each Engagement to InceptionYou through the Platform, within five (5) days of entering into such Engagement. 

2.6 No Employment by or Compensation or Benefits from InceptionYou. 

InceptionYou shall have no responsibility for, and the Client shall be solely responsible for providing during the Engagement all compensation, employee benefits, allowances and other payments and benefits, each in accordance with the Client's compensation and benefits plans, policies, programs and practices. 

2.7 Compliance with Laws.  

(a) The Client agrees that it is solely responsible for compliance with applicable laws with respect to all information provided by the Client with respect to the Services, any Job Opportunity and any Job Posting, including compliance with minimum wage requirements, wage transparency laws, and any other applicable law.  

(b) The Client is solely responsible for compliance with all applicable regulatory requirements related to collecting and reporting demographic information about Candidates. 

(c) The Client is solely responsible for ensuring that its Match Criteria and any other selection criteria are job-related, that such criteria do not pose or constitute “disability-related inquiries” or medical inquiries in violation of applicable law, and that the Client does not screen out Candidates with disabilities or members of any protected category or classification under any applicable law. The Client further acknowledges that it is responsible for offering alternative methods of entering into an Engagement, if so required by the Americans with Disabilities Act or any similar law, and the Client is solely responsible for meeting any request by a Candidate for accommodation, including providing information to Candidates about how to request an accommodation. 

(d) The Client agrees that InceptionYou may reject any Job Opportunity or remove any Job Posting or any Client Match Criteria for any or no reason including, for example, InceptionYou believes it directly or indirectly discriminates against Candidates. The Client understands and agrees that it is the Client’s responsibility to refrain from submitting, posting or otherwise communicating on the Platform or otherwise on the Site any Job Opportunity, requirement, or criteria that directly or indirectly discriminates against Candidates or otherwise violates applicable law.

2.8 No Verification, Guarantee, or Warranty. InceptionYou does not verify on behalf of or for the Client the identity, education or any other qualification of any Candidate for suitability for any Job Opportunity or Engagement, nor does InceptionYou know a Candidate’s motivation in seeking any Job Opportunity.  Accordingly, InceptionYou provides no guarantee as to a Candidate’s qualification for or interest in the Client’s Job Opportunity. The Client agrees that the Services are offered and presented without warranty and InceptionYou assumes no responsibility with respect to the qualifications and/or suitability of any Candidate for any Job Opportunity, which determinations are solely the responsibility of the Client. The Client agrees that the Preliminary Screening is  performed by InceptionYou solely as a condition to allowing a Candidate to open  an Account and create a Profile, and that (a) InceptionYou does not guarantee  the accuracy of the Preliminary Screening, (b) InceptionYou will not and has  no obligation to review, revise, supplement or otherwise refresh the  Preliminary Screening, even if any Candidate information changes or is  updated, and (c) the Client shall not rely on the Preliminary Screening, and is  solely responsible for verifying all information on the Site and all information  regarding the Candidate and the Candidate’s skills, education, certifications,  eligibility and other qualifications and suitability for any Job Opportunity. 

2.9 Indemnification. The Client shall indemnify, defend and hold  harmless InceptionYou, its Personnel, and its licensors from any third-party claim  or liability (including without limitation reasonable legal fees and costs) arising  out of any Account, Client Match Criteria, Job Opportunity, Job Posting, any other  content the Client uploads to or provides on the Site, any communication with a  Candidate, and any determination the Client makes regarding a Candidate or an  Engagement. The foregoing indemnification obligation includes but is not limited to any claims that the Platform’s application of the Client Match Criteria or Candidate Match Criteria in identifying a Match does not comply with the Americans with Disabilities Act or similar law, or results in a “disparate impact” as defined under applicable law. 

2.10 Payment of Service Fees and Penalties. To the greatest extent permitted under applicable law, if the Client has an unpaid or outstanding invoice or account balance for any Service Fee or other fee for any product or service on the Site, InceptionYou reserves the right to suspend or terminate the Client’s use of the applicable product or service, the Platform or the Site. InceptionYou may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees and costs InceptionYou incurs collecting such late payments. 

Terms of Service for all Users. 

3.1 User Content.  

Any data that a User, directly or indirectly, submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to InceptionYou, is called “User Content.”  User Content includes but is not limited to Accounts, Profiles, Job Opportunities, Job Postings and Match Criteria. 

InceptionYou is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. User Content may not be reliable or suitable for use in a legal  proceeding. Any is the sole responsibility of its original author, who may be and may remain anonymous. Users may come into contact with content that they find harmful, offensive, or otherwise objectionable. All Users acknowledge that InceptionYou has no obligation or liability with regard to publishing, monitoring, or removing User Content.  

InceptionYou assumes no responsibility, and disclaims all liability for the content, accuracy including the translation, truthfulness, completeness, legality, reliability, or availability of any User Content. 

If a User provides User Content, it must comply with the applicable Agreement, these  Terms of Service, any other terms, conditions and policies posted by InceptionYou through the  Site, or otherwise made available by InceptionYou, including the Privacy Policy, and Terms of Use (Appendix B), each as then in effect and as may be modified or amended from time to time. User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise objectionable, irrelevant, or unconstructive. User Content must not contain sexual, 

ethnic, or racial or other discriminating slurs. User Content must not contain proprietary information, trade secrets, intellectual property of another Person, or confidential information, including Confidential Information as herein defined. User Content must not contain spam, unauthorized advertisements or solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication or purpose other than as related to Job Opportunities and Job Postings that are made in accordance with these Terms of Service and the applicable Agreement. User Content must not be harmful to anyone, including minors. 

User Content must not contain official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier, or any background check information. Posting such identification information on the Site could lead to identity theft for which InceptionYou cannot be and is not responsible. No User may post highly confidential personal information, such as medical or health information, or other categories of personal data subject to data breach notification requirements in any country. 

3.2 Determinations Regarding and Exclusion of User Content 

(a) If InceptionYou determines, in its sole discretion, that the User Content or  actions of any User have violated these Terms of Service, any other terms and conditions  incorporated herein by reference, or any InceptionYou policy or is/are detrimental to other Users  or Persons, InceptionYou may place restrictions on such User’s Account, if applicable, and any  Account that InceptionYou suspects is affiliated or associated with such User. If any Person believes that any User Content violates the User Content requirements and conditions stated herein, please contact InceptionYou at support@inceptionyou.com . However, detection methods are not perfect and false positives or false negatives may occur. InceptionYou has no obligation to monitor any particular User or User Content, and InceptionYou makes no guarantee that any particular User or User Content will be removed. 

(b) InceptionYou reserves the right to disclose any or all User Content, and any other relevant information and circumstances, to any third party (i) in connection with operating the Site, (ii) to protect itself, its Affiliates and their respective Personnel, its licensors and its Users, and (iii) to comply with applicable laws or requests from government authorities. This means, for example, that InceptionYou may honor subpoenas, search warrants, law enforcement or court mandated requests to disclose User Content and, the identity of any User may be discoverable via such legal requests, even if such User posts User Content confidentially or anonymously. 

3.3 InceptionYou is an Interactive Computer Service Provider.  InceptionYou is an interactive service provider and the Platform and the Site are interactive computer services as defined under Section 230 of the US Communications Decency Act. InceptionYou, as an interactive computer service provider, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or Platform for any or no reason. InceptionYou has no obligation to include any User Content in any part of the Site or Platform (including, for example, any Job Posting). Whether any User Content violates any InceptionYou policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any 

material that any Person seeks to post on or provide to the Platform or the Site, is and at all times shall remain within the sole discretion of InceptionYou.  InceptionYou has no liability or obligation to any Person arising from its decisions with respect to its right to publish, exclude, edit, modify or otherwise curate any User Content. 

3.4 License to Use User Content.  

(a) Any User that provides User Content grants InceptionYou a license to use such User Content. Specifically, each such User grants InceptionYou a nonexclusive, worldwide,  perpetual, (revocable only as described below), fully paid, royalty-free, transferable,  sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell,  sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and  otherwise exploit all User Content, for the purpose of operating the Site or performing the  Services, for maintaining or improving the Site, and promoting InceptionYou and such User  Content without restriction. No compensation in any form shall be due or payable to any User or any other Person in connection with InceptionYou’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, InceptionYou’s exercise of these rights, each Person hereby waives any and all rights to such compensation to the maximum extent permitted under applicable law.  InceptionYou shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the Site. InceptionYou reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion. 

(b) Furthermore, each User that posts or provides User Content grants to  InceptionYou, its Affiliates, and their respective sublicensees a license to use such User’s name,  user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any  InceptionYou marketing materials, including the Advertising Program, containing or incorporating  such User Content, or (iii) any actions by InceptionYou to promote or publicize such User Content,  including Job Opportunities and Job Postings. To any extent that such User Content contains a User’s name, likeness, voice or image, such User hereby irrevocably waives all legal and equitable rights relating to claims for violation of such User’s rights of publicity (or any similar claims) arising directly or indirectly from InceptionYou’s exercise of its rights pursuant to the license granted hereunder. 

3.5 Representations and Warrantees Regarding User Content.  

(a) Each User represents and warrants that: (i) the User owns its User Content,  or that it has the right to grant to InceptionYou the licenses described in Section 3.4, (ii) such User  Content, and InceptionYou’s use of it, will not violate applicable law or the privacy rights, publicity  rights, copyrights, contract rights, intellectual property rights or other rights of any Person, and (iii)  the User’s use of its User Content will not result in any breach of contract between the User and  any third party.  

(b) The User agrees to pay for all royalties, fees, damages, and any other monies owed to any Person by reason of such User Content, and agrees to defend, indemnify and hold 

harmless InceptionYou, its Affiliates and their respective Personnel from any claims resulting from any such User Content.  

(c) If a User wishes to request to revoke a license granted by the User to InceptionYou pursuant to Section 5.4 for any such User Content, the User must contact InceptionYou at support@inceptionyou.com , providing such proof of identity as is reasonably acceptable to InceptionYou, and request removal of such User Content. In order to process such  request, InceptionYou will require the request to include (A) the signature of the owner of such  User Content or a Person authorized to act on the owner of such User Content; (B) identification  of the User Content for which the license is to be revoked, and information reasonably sufficient  to allow InceptionYou to locate and remove such User Content on the Site; (C) the owner’s name,  address, telephone number, and email address; (D) a statement that requesting Person is the  owner (or Person authorized by the owner) to revoke the license for the designated User Content;  and (E) a statement from the requesting Person that the information in the request is accurate,  and under penalty of perjury, that such Person is the owner or Person authorized by the owner to  act on the owner’s behalf with respect to such User Content. 

3.6 Subscriptions.  

(a) If a User purchases a subscription with respect to the Services as described on the Platform or the Site (a “Subscription”), the User acknowledges and agrees that such Subscription will automatically renew and InceptionYou will charge the User on a recurring basis until such Subscription is cancelled and is effective. Charges for any Subscription will be made to the credit card or debited from the bank account, as chosen by the User and in accordance with the applicable Agreement. 

(b) Pausing a subscription does not cancel it. A User’s subscription will continue to automatically renew after being resumed. THERE ARE NO REFUNDS OR CREDITS FOR ANY  UNUSED PORTION OF A SUBSCRIPTION CANCELLED IN THE MIDDLE OF A BILLING PERIOD,  BUT THE USER WILL CONTINUE TO HAVE ACCESS TO THE SERVICES THAT ARE SUBJECT TO  THE CANCELLED SUBSCRIPTION THROUGH THE END OF THE THEN-CURRENT BILLING  PERIOD; PROVIDED, HOWEVER, THAT ANY AMOUNTS THAT WERE PREPAID BUT UNUSED AS  OF THE EFFECTIVE DATE OF SUBSCRIPTION TERMINATION SHALL BE ELIGIBLE FOR A  PRORATED REFUND OF THE UNUSED PORTION, AS LONG AS THE USER CONTINUES TO  ABIDE BY AND COMPLY WITH THESE TERMS OF SERVICE AND THE APPLICABLE AGREEMENT  THROUGH THE EFFECTIVE DATE OF THE TERMINATIONS. 

3.7 Billing Policies. Subject to any differing terms in the applicable Agreement, the following billing policies shall apply with respect to the Services (including any Subscription) and any Service Fees. 

(a) Invoices may be provided to Users via electronic email, unless otherwise specified in the applicable Agreement. To the extent permitted by applicable law, if a User has an unpaid or outstanding invoice or Account balance for any Service Fee or other fee for any product or service on the Site, InceptionYou reserves the right to suspend or terminate the User’s use of the applicable product or service, the Platform or the Site. 

(b) InceptionYou may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees and costs InceptionYou incurs collecting such late payments. 

(c) Each User waives all claims relating to such charges, fees and costs unless claimed within 120 days after the charge is made, provided, that this does not affect any dispute rights the User may have under or with respect to any credit card or bank account. 

(d) Any credit card, bank account information, and related billing and payment  information provided by a User to InceptionYou may be shared by InceptionYou with companies  that work with on InceptionYou’s behalf, such as payment processors and/or credit agencies, for  the purposes of verifying or servicing an Account, checking credit, payment of any Service Fees or  other amounts owed to InceptionYou. InceptionYou also may provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims.  

(e) InceptionYou may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third-party sources. InceptionYou may use the updated card and bank account information to charge amounts owed to InceptionYou.  InceptionYou shall not be liable for any use or disclosure of such information by such third parties.  If an Account has a credit card or bank account on file or associated with it, InceptionYou will charge that same payment method for other purchases of products or services through the Site, unless otherwise indicated the User. 

(f) The User is responsible for keeping its billing address with InceptionYou up to date and expeditiously updating its billing address for any changes. The User will continue to be responsible for its payment obligations under these Terms of Use and the applicable Agreement, during any change of billing address. 

(g) If any Account has a credit card or other payment method on file or associated with it, such as bank account information for ACH payment, InceptionYou may charge that payment method for any Service Fees or other products or services the User purchases through the Site, and for any other outstanding payments, fees or costs, including to correct billing errors. 

3.8 Taxes. Other than applicable sales tax, if any, on the Services or other products or services purchased through the Site, each User is responsible for paying all taxes (including sales taxes), levies and government charges. All tax remittances to the government are the sole responsibility of the applicable User, and InceptionYou shall have no liability whatsoever, therefore.  

3.9 Refunds. Notwithstanding any provision to the contrary in these  Terms of Service, the applicable Agreement, or any other term and conditions or  policy of InceptionYou incorporated herein or therein, InceptionYou will not  provide any refund in the case of violation or breach of any InceptionYou policy  incorporated into these Terms of Service or the applicable Agreement, or  otherwise made available to the User through the Site, and any such 

determination, and any and all refunds, ultimately are at InceptionYou’s sole discretion. 

3.10 E-Signature. The Site may offer e-signature options, which may be powered by a third-party service provider. By using e-signatures on the Site, each User agrees that such User’s e-signature is intended to authenticate the document the User is signing, and that such e-signature will have the same force and effect as a manual signature. A User’s use e-signatures is at such User’s own risk, it is the User’s responsibility to ensure that the document is received and to retain its own copies thereof, and InceptionYou is not a legal record keeper such document. 

3.11 AI Generated Content. 

(a) InceptionYou may make available content created in whole or in part by an algorithm (including “artificial intelligence” and machine learning algorithms), which may be generated in response to information provide through the Site by a User or other Person (“AI Generated Content”). AI-Generated Content may include chatbots, templates, messages or summaries. The use of AI-Generated Content is a rapidly evolving field and InceptionYou is working to improve its use of AI-Generated Content to make it more accurate, reliable, safe, and beneficial. AI-Generated Content may be generated in whole or in part by third-party service providers. The AI-Generated Content is owned by or otherwise licensed by InceptionYou and is subject to these Terms of Service, as well as the Terms of Use (Appendix B) and the Privacy Policy.  Each User agrees that it does not have any intellectual property rights in any AI-Generated Content or other AI tools or models on the Site. Given the variable and evolving nature of this type of content, AI-Generated Content is provided “as is” and InceptionYou makes no warranty that AI Generated Content is appropriate, accurate, inoffensive, unbiased, non-infringing, legal, or safe, and disclaims all liability for AI-Generated Content. 

3.12 Disclaimer of Warranties.  

(a) The Site or any part of it, including the Platform may become unavailable at any time without notice. The Site may rely on third parties to provide services to InceptionYou, such as data hosting or processing vendors and internet service providers, and the Site could unexpectedly malfunction or become unavailable as a result. 

(b) To the fullest extent permitted by applicable law, InceptionYou disclaims any  and all responsibility or liability for the accuracy, content, completeness, legality, reliability,  operability or availability of information or material displayed in or linked from the Site, including  any Match and any Job Posting, or otherwise made available on the Site by InceptionYou,  Advertisers, or third parties (including User Content), regardless of whether paid for or used for  free. InceptionYou disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, communication or material (including User Content).  InceptionYou does not guarantee that the Site (including the Platform and any User Content) will always be error free, safe, or secure. InceptionYou further disclaims any responsibility for any harm resulting from accessing or using any information or material on the Site or on other sites or services on the internet accessed through the Site. Under no circumstances shall InceptionYou 

be liable to any User or other Person as a result of a User’s or any other Person’s use or misuse of or reliance on the Site. Additionally, under no circumstances shall InceptionYou be liable to any User or any other Person’s use or misuse of or reliance on any third-party site or service the User accesses or links to from the Site. 

(c) InceptionYou further disclaims all liability for any technical malfunction of the  Site, including but not limited to failure of any network or service, computer system, server or  provider, computer or equipment, software, failure to deliver any communication, Account login,  upload, or any other product or service provided by or through the Site, as a result of technical  problems, internet access issues or any third party provided or combination thereof, including  injury or damage to any User’s or any other Person’s device, device or other hardware or software,  related to, in connection with or resulting from use of the Services, User Content, the Platform or  the Site. Under no circumstances will InceptionYou be responsible for any loss or damage to any  content or for any personal injury or death, resulting from any Person’s use of the Services, User  Content, the Platform, the Site or any third party applications, websites, software or content  posted on or through the Site or transmitted to Users or any interactions between Users and the  Site, the Platform, or the Services. 

(d) InceptionYou reserves the right to limit or terminate any and all Services and/or access to the Site at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, civil disorder or other force majeure event described immediately below. 

(e) Without limiting the foregoing, under no circumstances shall InceptionYou,  its Affiliates or Personnel, or its or their third-party licensors, be liable or responsible, or be  deemed to have defaulted or breached these Terms of Service or the applicable Agreement, for  any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or  indirectly, or results from acts, causes, forces or circumstances beyond their control, including,  without limitation, the following force majeure events: (i) acts of God or natural catastrophes or  forces, (ii) flood, fire, storm, earthquake, epidemics or pandemics, explosion or other similar  events; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots,  insurrections, other civil unrest or disturbances, military disturbances or sabotage; (iv)  government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (v)  actions, embargoes or blockades in effect on or after the date of the applicable Agreement; (vi)  action by any governmental authority; (vii) national or regional emergency; (viii) strikes, labor  disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or  materials; (ix) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including  heat, light or air conditioning), communications, computers (software and hardware, and  including, but not limited to, computer viruses), or telephone communication services; (x)  internet, computer equipment, telecommunication equipment, electrical power or other  equipment or mechanical failures or shortages; (xi) loss of data due to power failures or  mechanical difficulties with information storage or retrieval systems; (xii) nonperformance by  third parties; and (xiii) other events beyond the control of InceptionYou. 

(f) THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES 

WHATSOEVER, EITHER EXPRESS OR IMPLIED. EACH USER USES THE SITE AT ITS OWN RISK.  INCEPTIOYOU AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PERSONNEL AND THIRD PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL  WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,  WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT  THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.  TO THE FULLEST EXTENT PERMITTED BY LAW, INCEPTIOYOU AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PERSONNEL AND THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, INCEPTIOYOU AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PERSONNEL AND THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY INCEPTIONYOU. INCEPTIONYOU IS NOT  RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND  EACH USER HEREBY RELEASES INCEPTIONYOU, ITS AFFILIATES AND THEIR RESPECTIVE  PERSONNEL FROM ANY CLAIMS, LIABILITIES, LOSSES AND DAMAGES, KNOWN AND UNKNOWN,  ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM ANY SUCH USER HAS OR MAY  HAVE AGAINST ANY SUCH THIRD PARTIES. 

EACH USER UNDERSTANDS AND AGREES THAT IT USES, ACCESSES OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE USE OF THE SITE AT ITS OWN DISCRETION AND RISK AND THAT EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING OR OTHERWISE OBTAINING ANY SUCH MATERIAL OR DATA. 

3.13 Limitation of Liability.  

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL INCEPTIOYOU AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PERSONNEL AND THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT,  INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF  PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR  INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY,  CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF INCEPTIOYOU  AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PERSONNEL AND THIRD-PARTY LICENSORS,  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE  FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON 

THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF INCEPTIOYOU AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PERSONNEL AND THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT THE USER PAID INDEED TO USE THE SITE. 

3.14 Governing Law and Jurisdiction.  

(a) All matters arising out of or relating to the Services, the Site, these Terms of  Use, or the applicable Agreement, and any dispute or claim arising therefrom or related thereto  (in each case, including non-contractual disputes or claims), shall be governed by and construed  in accordance with the internal laws of the State Nevada without giving effect to any choice or  conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction). 

(b) Any legal suit, action, or proceeding arising out of or relating to the Services, the Site, these Terms of Use, or the applicable Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada. Each User waives any and all objections to the exercise of jurisdiction over such User by such courts and to venue in such courts. 

3.15 Waiver of Jury Trial. Each User acknowledges and agrees that any  matters arising out of or relating to the Services, the Site, these Terms of Use, or  the applicable Agreement is likely to involve complicated and difficult issues and,  therefore, each User irrevocably and unconditionally waives any right it may have  to a trial by jury in respect of any legal suit, action, or proceeding arising out of or  relating to the Services, the Site, these Terms of Use, or the applicable  Agreement. 

3.16 Termination. All provisions of these Terms of Service and the applicable Agreement which by their nature should survive termination shall survive termination, including without limitation, confidentiality, warranty disclaimers, indemnification, and limitations of liability. 

3.17 Miscellaneous. 

(a) Entire Agreement. These Terms of Service and the applicable Agreement constitutes entire agreement between the applicable User and InceptionYou regarding the subject matter thereof and supersedes all prior contracts or agreements with respect thereto, whether oral or written. 

(b) Waiver and Severability. No waiver by InceptionYou of any term or condition set out in these Terms of Service or the applicable Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any 

failure of InceptionYou to assert a right or provision under these Terms of Service or the Application Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms  of Service or the applicable Agreement or the application thereof to any Person or circumstance  is held invalid or unenforceable to any extent, the remainder of Terms of Service and the  applicable Agreement, as the case may be, and the application of that provision to other Persons  or circumstances is not affected thereby and that provision shall be enforced to the greatest  extent permitted by applicable law. Upon such determination that any term or other provision is  invalid, illegal, or unenforceable, the applicable User and InceptionYou shall negotiate in good  faith to modify these Terms of Service and/or the applicable Agreement so as to effect the original  intent of the parties thereto as closely as possible in a mutually acceptable manner in order that  the transactions contemplated hereby and thereby be consummated as originally contemplated  to the greatest extent possible. 

(c) Amendment or Modification. These Terms of Service and the applicable Agreement are binding upon and shall inure to the benefit of the applicable User and its heirs, executors, administrators, successors, and permitted assigns. No provision of these Terms of  Service or the applicable Agreement may be modified or amended, except by a document signed  by an authorized representative of each party; provided, however, that notwithstanding the  foregoing, InceptionYou may change or modify these Terms of Service and any related policies  (including the Terms of Use and the Privacy Policy) from time to time by posting such revisions to  Site, and such revisions shall be effective upon posting to the Site.  

(d) No Assignment or Delegation. No User may assign or delegate any of its rights or obligations under these Terms of Service or the applicable Agreement without InceptionYou’s prior written consent, and any such attempt is void. InceptionYou may freely assign or delegate its rights and obligations under these Terms of Service or the applicable Agreement to any Affiliate, without notice to the User.  

(e) Independent Contractor; Binding Nature. No User on the one hand or InceptionYou on the other hand shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other.  Neither these Terms of Service or the applicable Agreement shall be interpreted or construed to create an association, agency, joint venture, or partnership between the any User and InceptionYou or to impose any liability attributable to such a relationship upon either party. Each User hereby waives any and all defenses such User may have that the electronic form of these Terms of Service and the lack of signing thereof renders them unenforceable. Each User hereby agrees and acknowledges that these Terms of Service are enforceable against such User and hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other applicable laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. 

(f) Interpretation and Construction. For purposes of these Terms of Service and  the applicable Agreement, (i) the words "include," "includes," and "including" shall be deemed to  be followed by the words "without limitation", (ii) the word "or" is not exclusive, (iii) the words  "herein," "hereof," "hereby," "hereto," and "hereunder" refer as a whole, respectively, to these Terms  of Service or the applicable is Agreement, (iv) the definitions given for any defined terms shall 

apply equally to both the singular and plural forms of the terms defined, (v) whenever the context  may require, any pronoun shall include the corresponding masculine, feminine, and gender neutral forms, and (vi) unless the context otherwise requires, references to, (A) Articles, Sections,  schedules, attachments and exhibits mean the Articles, Sections, schedules, attachments and  exhibits thereof, (B) to an agreement, instrument, or other document means such agreement,  instrument, or other document as amended, supplemented, and modified from time to time to  the extent permitted by the provisions thereof; and (C) to a statute means such statute as  amended from time to time and includes any successor legislation thereto and any regulations  promulgated thereunder. These Terms of Service and the applicable Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The policies and other documents referred to herein or therein shall be construed with, and as an integral part thereof, to the same extent as if they were set forth verbatim herein or therein.